Irregular extension of T. U. facilities to the All India Association of Postal Supervisors (General) line – reg.
PF-03(e)/2019 Dated: 07th May, 2019
Shri A. N. Nanda,
Department of Posts,
Dak Bhawan, New Delhi – 110001
Sub: - Irregular extension of T. U. facilities to the All India Association of
Postal Supervisors (General) line – reg.
Ref: - (i) Your office letter No.13/01/2010-SR dated 03.03.2010.
(ii) Your office letter No. 9/10/1997-SB dated 27.05.2014.
(iii) Your office letter No. 13/01/2015-SR dated 09.06.2015.
(iv) This Union letter No. P/4-11/Trade Union dated 17.07.2017.
(v) This Union letter No. P/4-11/Trade Union dated 17.02.2018.
Apropos references, it is to bring to the kind and personal notice of the Secretary Posts that undue privileges are extended to the All India Association of Postal Supervisors (General) line, against the orders of the Department and Hon’ble High Court, Delhi, despite of raising up this matter to the kind notice of the Department by this union vide the reference cited under (iv) & (v). In this connection our Union wants to put forth the following again.
The All India Association of Postal Supervisors(General) line has not taken part in any membership verification, except during 1997 and they have filed a case in the High Court, Delhi challenging the composition of categories identified for recognition of Service Associations in terms of CCS (RSA) Rules,1993. The Hon’ble High Court vide interim order dt.06.05.1997 directed the respondent Department to maintain status quo till the matter is settled. This means that the erstwhile members can only run the organization and no new members should be allowed to be enrolled / elected.
Based on that only, the Department has issued directions to the CPMG, UP Circle in a letter, vide the reference cited under (i) stating that, the Supervisors, General Line Association does not participate in the verification process and their status as Association in terms of recognition and also in terms of membership etc. remain as it was at the time of passing the interim order dt.06.05.1997 ibid.
Similarly, vide the reference (iii), in the Circular released by the Department for the verification of membership for recognition of service Association during the year 2015, vide para (v) (b), it is once again reiterated that , as per the directions of the Hon’ble High Court , Delhi in CWP 1827/97, status quo is to be maintained, till the case is heard. This shows a clear picture of their position.
But, against all these, enrolment of fresh memberships were allowed to All India Association of Postal Supervisors (General) line, almost in all the Circles after 1997 Court order. Even though, they are not participating in any of the membership verification as on date, new members were enrolled and allowed to be the office bearers of the said Association from All India level to Circle and Divisional levels. They were even extended with all the trade union facilities, including periodical meetings/higher level meetings etc.
Further, the Postmaster Grade was introduced in the Department during the year 2010 and its initial constitution was made during the year 2011. Against the specific orders of the Hon’ble High Court, Delhi in CWP 1827/97, and against the specific directions of the Department vide reference (iii), the PM Grade officials were not only allowed to become the members of the said Association, but also allowed to become the General Secretary, Circle Secretaries and Divisional Secretaries and they were extended with all the trade union facilities including the periodical meetings at all levels. This is in gross violation of CCS (RSA) Rules, 1993.
It is also to point out here that, by nomenclature itself, it is All India Association of Supervisors (General) Line and the question of enrolling a separately declared cadre viz. Postmaster Grade in the Association does not arise.
Moreover, for the declaration of membership verification process, it is clearly stated that any authorization given through a non-applicant association shall be rejected. The Association as stated in the subject has not participated in any of the verification process after 1997 and as such the membership declaration given by them should not be entertained.
From the above, it is clear that, they cannot enroll any new membership and there is restriction to effect recovery of subscription to the extent of old authorization only. They are only entitled for the status Quo Position as before 1997, as ordered by the Hon’ble Court.
Hence, our Union requests the personal kind intervention of the Secretary Posts, in this matter so as to
1. Maintain status quo of the earlier membership of the said Association viz. as before 1997.
2. Stop recovery of any subscriptions from the members who were enrolled after this order.
3. withdraw the Trade union facilities to the office bearers who were enrolled after the period and elected in the body
4. withdraw the membership of Postmaster Grade officials from the General Line Association and
5. Withdraw the trade union facilities extended to those office bearers of the body holding by Postmaster Grade officials.
A line in reply about the action taken is highly appreciated.
DA: As mentioned in the reference.
(R. N. Parashar)
1. The Director General, Department of Posts, Dah Bhawan , New Delhi-110 001
2. The Member(P) , Department of Posts Dak Bhawan, New Delhi
2. The Dy. Director General (SR), Department of Posts Dak Bhawan, New Delhi
3. The Director (SR & Legal), Department of Posts, Dak Bhawan, New Delhi.